Terms & conditions

The Terms and Conditions below (the "Terms") form the legally binding agreement between a User ("User" or "you") and Trein-vertraging B.V. ("Trein-vertraging.nl"), registered in the Dutch Trade Register under number 94274177 and having its registered office in Amsterdam, with respect to the provision of the Service.

In these terms and conditions, the following definitions apply:

Service: Trein-vertraging.nl aims to obtain compensation or a refund for delays, cancellations or other shortcomings in rail transport.

User: The natural or legal person who uses the services of Trein-vertraging.nl and thereby transfers the rights to the Claim to Trein-vertraging.nl.

Claim: The entitlement to compensation, refund or damages arising from a delayed or cancelled train journey.

Carrier: The party responsible for operating the train journey in question and that can be held liable for delays, cancellations or other shortcomings under national or European regulations (such as Regulation (EC) No. 1371/2007).

Assignment agreement: The agreement between the User and Trein-vertraging.nl, which comes into being after the User submits a Claim via the website and transfers the rights to Trein-vertraging.nl.

Service fee: The fee that Trein-vertraging.nl charges for the successful handling of the Claim, regardless of whether payment is made via Trein-vertraging.nl or directly to the User. This fee is only charged in the event of success (no cure, no pay).

Advance payment scheme: A direct payout whereby Trein-vertraging.nl takes over full ownership of the Claim for a fixed amount.

1.1. Trein-vertraging.nl offers a platform on which Users can transfer their Claims to Trein-vertraging.nl.

1.2. By using the Service, the User transfers full legal ownership of the Claim to Trein-vertraging.nl by assignment under the Dutch Civil Code.

1.3. Trein-vertraging.nl will provide the User with the Assignment agreement after acceptance of these Terms.

1.4. The Assignment agreement takes effect after it is signed by both the User and Trein-vertraging.nl.

1.5. Claims relating to a linked OV-chipkaart are automatically submitted within 24 hours after the card is linked to the account.

1.6. Trein-vertraging.nl also offers the Service through partnerships, for example via an online travel agency, your employer or another third party. If you acquired the Service through such a partner rather than directly through our website, the terms of your Service may differ from those currently published on the website. This may include, without limitation, differences in the service fee, scope, features, availability or other terms and conditions of the Service.

1.7. The terms applicable to your Service are those agreed between Trein-vertraging.nl and the relevant partner and/or as communicated to you at the point of acquisition. To review these terms, please refer to the information provided to you at that time. You can also contact us about this at [email protected].

2.1. Trein-vertraging.nl informs the Carriers that it is the exclusive assignee and rights holder of all transferred Claims and that all payments must be made directly to Trein-vertraging.nl as the sole legal owner, in accordance with the Assignment agreement and Dutch law.

2.2. Carriers pay the compensation amount to Trein-vertraging.nl.

2.3. Trein-vertraging.nl operates on a "no cure, no pay" basis. If a Claim is not handled successfully, no costs are charged.

2.4. Unless clause 1.6 applies to you, for all successfully handled Claims, 25% of the compensation amount received is retained as a fee for the service. In addition, €0.24 in transaction costs is charged per successfully handled Claim. The remaining amount is paid out to the User.

3.1. Successful Claims are paid out within 2 weeks after receipt of payment from the Carrier, to the bank account number provided by the User.

3.2. The User is responsible for providing correct bank details. Incorrect details may lead to a failed payout.

3.3. If Trein-vertraging.nl has paid out an excessive amount by mistake, the User is obliged to repay this immediately. If this does not happen within 14 days, Trein-vertraging.nl may set off later payouts in whole or in part until the amount has been settled.

4.1. The User may choose to use the Advance payment scheme.

4.2. Under this scheme, the User receives a fixed amount as a direct payout in exchange for the transfer of full legal ownership of the Claim.

4.3. If the User opts for the Advance payment scheme, all legal and beneficial rights and ancillary claims are transferred to Trein-vertraging.nl in exchange for a one-off fixed payment. Thereafter, Trein-vertraging.nl has the exclusive right to the entire Claim and to any subsequent proceeds or interest; the User waives all future rights to further compensation relating to the transferred Claim.

4.4. Trein-vertraging.nl is not liable for lost amounts if the User has provided incorrect bank details.

4.5. The amount of the advance is determined by Trein-vertraging.nl at its own discretion. Changes to carriers' compensation schemes after payout have no effect on the amount already paid.

4.6. Trein-vertraging.nl may require additional verification before an advance is granted and may refuse the scheme.

5.1. All intellectual property rights, including logos, brand names and trade names, belong to Trein-vertraging.nl and may not be used without express permission.

6.1. Trein-vertraging.nl provides its services on the basis of a best-efforts obligation and gives no guarantee of specific outcomes. Although we strive for the highest possible success rate for Claims, we cannot guarantee that all Claims will be approved.

6.2. Trein-vertraging.nl makes every effort to handle Claims as efficiently and effectively as possible, but accepts no liability for unsuccessful Claims, as Trein-vertraging.nl has no influence on the final decision of the Carriers.

6.3. By using Trein-vertraging.nl, the User agrees to provide accurate and complete information necessary for submitting Claims.

6.4. Trein-vertraging.nl reserves the right to refuse services or terminate accounts in the event of abuse, breach of these Terms, or other reasonable grounds, and has the right to recover any damage or losses arising from such abuse or breach.

6.5. Trein-vertraging.nl reserves the right to refuse Users or terminate accounts in the event of abuse of carriers' "money back on delay" terms.

6.6. The User may not submit or authorise duplicate or competing Claims relating to journeys that have already been transferred to Trein-vertraging.nl. A breach of this may lead to immediate cancellation of the Claim, liability for loss, and an obligation to indemnify Trein-vertraging.nl for any costs, damage or administrative burden it incurs as a result. This also applies when a User links an OV-chipkaart to their account on Trein-vertraging.nl.

7.1. By using our services, you consent to the collection and sharing of certain personal data with third parties that are necessary for processing Claims. Detailed information about our data policy can be found in our Privacy Policy.

7.2. In accordance with the General Data Protection Regulation (GDPR), Users have the right to have their personal data deleted.

7.3. Users can submit a deletion request by email to [email protected].

7.4. Trein-vertraging.nl will respond to this request within 2 weeks and confirm the deletion, unless retaining the data is necessary to comply with legal obligations or to perform an agreement.

8.1. If you qualify as a consumer under the regulations of the European Union (EU), the European Economic Area (EEA) or the United Kingdom, meaning that you are a natural person performing a legal act for a purpose other than your commercial or self-employed professional activity, then you have a statutory right of withdrawal.

8.2. You have the right to withdraw from the agreement free of charge and without giving reasons within 14 days after the start of the Service.

8.3. To exercise your right of withdrawal, the withdrawal must be communicated by email within the aforementioned period, clearly stating that you wish to forgo the Service.

The withdrawal must be sent to: [email protected].

9.1. These Terms and Conditions are governed by Dutch law. Any disputes arising from or related to these Terms will be submitted to the competent court in the Netherlands.

9.2. In the event of disputes, Users are encouraged to first make direct contact via [email protected] before legal steps are taken.

9.3. Communication between Trein-vertraging.nl and its Users takes place primarily by email. In the future, push notifications may also be used.

9.4. The Assignment agreement relates to Claims against all European Carriers. Trein-vertraging.nl will inform counterparties as required under Dutch law and applicable cross-border rules. All transferred rights and associated proceeds are governed by Dutch law, unless mandatory law of the Carrier's country provides otherwise.

9.5. These Terms and the Assignment agreement constitute the entire agreement between the User and Trein-vertraging.nl with respect to the use of our Service.

9.6. Trein-vertraging.nl reserves the right to amend these Terms and Conditions at any time. Changes take effect immediately upon publication on our website. Your use of the Services is governed by the version of the Terms in force on the date you accepted them.

9.7. If any provision of these Terms and Conditions is found to be invalid or unenforceable, the remaining provisions remain in full force. By using the services of Trein-vertraging.nl, you acknowledge that you have read, understood and agree to these Terms and Conditions.

10.1. For questions or comments about these Terms and Conditions, you can contact us at [email protected].